Vikash Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48012 of 2016 Arising Out of PS.Case No. -270 Year- 2015 Thana -RAJAUN District- BANKA ======================================================
1. Vikash Kumar Son of Brahmdeo Prasad Singh
2. Manoj Kumar Son of Late Nakul Singh both the Resident of VillageNawada Bazar, P.S.- Rajaun, Dist.- Banka. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kulanand Jha For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 24-11-2016 Heard the counsel for the petitioners and Mr. Chandrasen Prasad Singh, APP for the State.
Petitioners are distant relatives of the informant and languishing in jail since 08.07.2016 in connection with Rajaun P.S. Case No. 270 of 2015 registered under section 307 IPC. The prosecution case is that while the father and brother of the informant were engaged in stacking the straw/making a heap of straw in the field, one Muni Lal Singh, along with his two sons Bipin Kumar and Akhilesh Kumar, arrived there and obstructed them in their work. On protest, those three accused persons are said to have assaulted the brother of the informant with a Khanti. Subsequently, the petitioners also joined them and
Patna High Court Cr.Misc. No.48012 of 2016 (2) dt.24-11-2016 2/2 there is omnibus allegation of assault.
The contention of the petitioner is that specific allegation of assault with a Khanti is attributed to Muni Lal Singh, his two sons namely Bipin Kumar and Akhilesh Kumar. The petitioners are said to have joined later.
Considering the facts and circumstances of the case, the petitioners above named are directed to be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of CJM, Banka in Rajaun P.S. Case No. 270 of 2015 on condition that one of the bailors of each of the petitioners shall be their own/close family members. In the event of framing of charge, the petitioners shall appear in person on each date fixed at the trial. In case of default in doing so on two consecutive dates, the trial court shall have liberty to cancel their bail bonds and secure their arrest in accordance with law.
(Kishore Kumar Mandal, J) HR/- U T